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ANNUAL RAGHAVENDRA PHADNIS

INTRA COLLEGE MOOT COURT COMPETITION, 2024

LAW OF CRIMES

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICITION

CRIMINAL APPEAL NO. 2210 OF 2024

State of Maharashtra …Appellant

Versus

Vaibhav Pandey & Anrs …Respondents

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FACTUAL MATRIX

1. Vaibhav Pandey, a 32-year-old entrepreneur, is the CEO of a leading textile company

known as “VPUG Enterprises Pvt. Ltd” and runs the said business with his uncle (father’s
brother-in-law) one Mr. Uday Gupta. Priya Radkar is a 30-year-old Chartered Accountant
and an MBA graduate from Regent University, Mumbai. Vaibhav and Priya met during
their MBA course in Mumbai in late 2015 and after a brief courtship, got married in
December 2016 in a traditional Hindu ceremony in Lucknow.

2. Soon thereafter in or around March 2017, Priya left her matrimonial home and went back
to the home of her father i.e. Mr. JK Radkar, a leading industrialist and investor. During
this visit, Priya filed a complaint under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 inter – alia alleging that she was being constantly harassed
by Vaibhav and Uday to secure investment from her father into their company i.e. VPUG
Enterprises Pvt Ltd. However, shortly after filing the said complaint, Priya and Vaibhav
reconciled their differences and Priya subsequently withdrew the said complaint from the
Court of Ld. Additional Chief Metropolitan Magistrate’s Court at Bhoiwada, Mumbai.

3. After a few blissful years of marriage, on 15th October 2023 a fire broke out at the Pandey
residence in Mumbai where Priya happened to be at that time. She succumbed to the burn
injuries and was found dead at around 9:21pm. At the time of the fire breaking out, Uday
was the only other person who was present at the Pandey residence, and he called Dadar
Police Station at around 9:30 pm on 15th October 2023 to report the incident.

4. The Dadar Police Station registered an FIR on 16th October 2023 and subsequently named
both Vaibhav and Uday as accused persons. Thereafter on 22nd October 2023 both Vaibhav
and Uday were arrested by the Dadar Police Station without issuance of any notice to join
the investigation or tender their statement before the Investigating Office. During the
investigation, the Investigating Officer (“IO”) found certain bank statements whereby it
came to light that one M/s Paddington FinTech had invested an amount of Rs. 50,00,000/-
(Rupees Fifty Crores Only) in VPUG Enterprises Pvt Ltd in October 2016. The records
pertaining to Paddington Fintech Limited on the website of the Ministry of Corporate
Affairs and Registrar of Companies reflected that Mr. J. K. Radkar could be the ultimate

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beneficial owner (“UBO”) of Paddington Fintech Limited. The police also came across
certain bank statements of the years 2017, 2018 and 2019 whereby it could be seen that
VPUG Enterprises Pvt Ltd had repaid the entire amount of Rs. 50 crores to M/s. Paddington
FinTech Limited with the last tranche of the payment being made in December 2019.
During the investigation the IO also seized a diary titled “My Mental Health Check
Journal” from Priya’s room which made certain startling revelations.

5. The IO also recovered CCTV footage of 15th October 2023 from the CCTV Camera
installed in the compound of the society where the Pandey residence is located. In the
CCTV footage it can be seen that Vaibhav and Priya enter the building in their Hyundai
Creta car around 5pm on 15th October 2023 and once they get out of their car, they start
quarrelling in a loud voice for several minutes in the society compound. One of the
bystanders Mr. Naman Shetty, who was a salesman, happened to be visiting the building
and corroborated the CCTV footage by testifying before the Hon’ble Sessions Court that
he happened to be exiting from the building when the quarrel between Priya and Vaibhav
ensued. He further, testified that they were quarrelling loudly and he heard Vaibhav
repeatedly say “it’s just a matter of a few crores. Don’t be so difficult …. just make the call
and get it done”. Mr. Shetty further testified that after the quarrel, Priya went into the
elevator however Vaibhav continued to stand in the society compound and made a call to
someone whereby he was heard saying “Haan uncle, maine usko bol diya hai. If they do it
well and good, otherwise dekh lenge” (Translation: “Yes uncle, I have told her. If they do
it well and good otherwise we will see”). The CCTV footage was admitted into evidence
and marked as an ‘Exhibit” as it was substantiated by a certificate issued under Section 65-
B of the Indian Evidence Act, 1872.

6. The post mortem revealed that Priya had succumbed to the burn injuries caused with her
clothes catching on fire. The report also revealed that there were bodily injuries viz. bruises
on cheek and back found on Priya.

7. The Investigating officer filed a final report under Section 173 of the Criminal Procedure
Code, 1973 (“CRPC”) on 20th January 2024 and the trial commenced before the Hon’ble
Sessions Court, Mumbai.

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8. During the Trial, the Prosecution relied on their star witness, Mr. Abhay Mishra, a
neighbour of Priya and Vaibhav, who was also a former business partner of Vaibhav and
Uday and had parted ways with them on account of professional differences in 2017. Mr
Abhay testified that there was marital discord between Vaibhav and Priya and in or around
December 2022, he once overheard noises of the couple quarrelling in their house whereby
Vaibhav said to Priya “why would you not just make one call to papaji? You know woh
humari aadhe second mein madad karke humare sab problems solve kar denge”.
(Translation: “You know he will help resolve all our problems in a split second”).

9. The prosecution also inter-alia relied upon and entered into evidence a document being a
page from Priya’s “My Mental Health Check Journal” diary whereby she had made a hand-
written journal entry dated 26th August 2023. Although the document was denied by the
Accused persons, the Hon’ble Sessions Court, Mumbai was pleased to admit the document
and marked it as an ‘Exhibit’ after relying on the testimony of handwriting expert Mr.
Tushar Fernandes who deposed that the handwriting in the document matched Priya’s
handwriting samples which she was given to examine.

10. On the other hand, the Defence inter-alia heavily relied on the testimony of Vaibhav’s
mother Mrs. Gargi Pandey who deposed that Vaibhav was urging Priya to join VPUG
Enterprises Pvt Ltd as the company did not have the budget to hire a professional as
qualified as her and she was not employed anyway at the time, however, despite Vaibhav’s
repeated requests, Priya’s mother did not permit her to join VPUG.

11. The Sessions Court convicted Vaibhav and Uday under Section 304-B and 498-A r/w 34
of the Indian Penal Code, 1860 and sentenced them both to six (6) years of imprisonment
along with a fine of Rs. 50,000/-., while the Hon’ble Bombay High Court set aside the
conviction pronounced by the Sessions Court and acquitted both Vaibhav and Uday.

12. Against the judgement of the High Court, the State of Maharashtra has approached the
Hon’ble Supreme Court by filing SLP (Crl) No. 4520 of 2024. The Hon’ble Supreme Court
after hearing both parties issued notice and granted leave and accordingly the captioned
appeal is now listed for final hearing. The issues for consideration framed by the Hon’ble
Supreme Court at the time of admission were as follows:

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I. Are the essential ingredients of Section 304-B and Section 498-A of the IPC
satisfied in the facts of the present case?

II. Is Vaibhav Pandey and Uday Gupta’s culpable guilt proved beyond reasonable
doubt to be convicted under Sections 30 4-B and Section 498-A of the IPC?

Note: Participants may choose to argue from the side of State of Maharashtra (Appellant) or
Vaibhav Pandey and Uday Gupta (Respondents) and are encouraged to frame relevant sub-
issues and additional issues.

This moot proposition has been drafted by Mr. Rohan Marathe (Batch of 2021, ILS Law
College, Pune) Associate ALMT Legal, Mumbai and Ms. Sneha Palekar (Batch of 2021)
Associate at Krishna & Saurastri Associates LLP.

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APPENDIX – I

ROZNAMA OF 7th COURT OF THE ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE’S COURT AT BHOIWADA, MUMBAI DATED 15TH MAY 2017

Additional Metropolitan Magistrate, Bhoiwada

In the Court of: Judicial Magistrate (First Class), 7th Court

CNR Number: MHMM1600982017
Case Number: DOMESTIC VIOLENCE CASE/07098/2017
Date: 15-05-2017
Priya Vaibhav Pandey v/s Vaibhav Mohit Pandey

BUSINESS:

The matter is placed today under caption of “Settlement”. Ms. Irani, the Ld. Counsel
appearing on behalf of the Complainant submits that the parties have settled their differences
and have in fact reconciled and shall also resume co-habiting shortly. Ms. Irani has also
tendered an affidavit which is signed and affirmed by the Complainant which states that the
parties have reconciled and hence the Complainant may be allowed to withdraw the
captioned complaint. Ms. Bafna the Ld. Counsel appearing on behalf of the Respondent-
Husband has echoed Ms. Irani’s submissions.

In view of the statement of Ms. Irani and Ms. Bafna was also the affidavit of the complainant,
the Complaint dated 14th March 2017 being DV/07098/2017 is disposed of as withdrawn.

Next date and Purpose: NA – Withdrawn

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APPENDIX – II

JOURNAL ENTRY DATED 26th AUGUST 2023 FROM PRIYA’S “MY MENTAL
HEALTH CHECK JOURNAL”

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